Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Statement of deceased to PWs' that he had set himself on fire - This statement was made by deceased in the presence of large number of relatives of deceased and a police official - Order of conviction based on dying declaration passed by High Court set aside...........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 302 -- Murder - Appreciation of evidence - Evidence which is on record of FSL and important evidence of Investigating Officer was hurriedly dispensed with for no reasons at all on record - Fact that accused was also injured in incident is also ignored by Trial Court as well as by APP I, charge -..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Acquittal by trial Court but conviction by High Court in a murder case - Appeal against - Held, that when a person is convicted by an appellate Court, he cannot be said to be an innocent person until final decision is recorded by the superior Court in his favour...........
Indian Penal Code, 1860, Section 304B, 498A, 302, 34 -- Conviction - Six accused convicted by trial Court - High Court upheld conviction of three accused and remaining three acquitted - Conviction based on dying declaration - Doctor had given a certificate that victim was in a fit state of mind - Testimony of other PW's found reliable - No interference required...........
Indian Penal Code, 1860, Section 302 -- Conviction - Circumstantial evidence - PW husband of deceased has not named appellant as an assailant of the murder of his wife in the complaint lodged by him in the P.S. on the basis of which FIR was registered - Testimony of two PW's are not consistent and have given different and contradictory version in regard to the place of..........
Indian Penal Code, 1860, Section 302, 300 -- Murder - Testimony of injured complainant and eye witnesses found reliable - However, act was committed without premeditation, in a sudden fight in the heat of passion upon a sudden quarrel - Conviction u/s 302 IPC converted to conviction u/s 304 Part I IPC...........
Indian Penal Code, 1860, Section 302, 323, 394 -- Conviction - Appeal against - Appeal decided by DB where Counsel of appellant could not argue the case due to swelling on vocal cord infected with influenza - Appeal allowed - Matter remitted for decision afresh...........
Indian Penal Code, 1860, Section 302, 323 -- Murder - Non-examination of material evidence - Trial Judge has based conviction of accused appellant solely on testimony of prosecution witnesses `P' and others ignoring evidence of PW1, DW1, DW3, DW4 and DW5 which evinces to be of vital importance - Prosecution evidence suffers from inherent improbabilities and is vague -..........
Indian Penal Code, 1860, Section 302, 97, 98, 99, 100, 101, 102 -- Private defence - Deceased was not only a Karate expert but also armed with a knife - Accused apprehended injury at the hands of deceased - Accused exercised the right of private defence - At best it can be said that accused exceeded the right of private defence - Conviction altered from S.302 to S.304(1)..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Murder - Bail - Murder of a person who had shady reputation and criminal antecedents - Not a factor for grant of bail - Plea that person killed was a hardened criminal is not available...........
